No less than three international organisations are working on different agreements to ease access to servers abroad for police and judiciary. In the Council of Europe, the EU Commission might pre-empt the United Nations. Problems arise with demands from the USA.
65 states have ratified the Additional Protocol to the Council of Europe Cybercrime Convention, and three more may join. The 2001 treaty is also known as the Budapest Convention. For three years now, the participants have been negotiating a new version, which should facilitate cross-border access to „Electronic Evidence“ in criminal investigations.
Negotiations on the conclusion of the new mutual legal assistance agreement will now be delayed by at least six months. This was announced by the Cybercrime Committee of the Council of Europe after its meeting on 30 November. The new timetable provides that the agreement can be concluded in May 2021 at the earliest. „„Electronic Evidence“: No simplification for digital investigations yet“ weiterlesen
The planned EU e-Evidence regulation is intended to force Internet service providers to cooperate more with police and judicial authorities. However, a survey shows that the companies already comply with their requests voluntarily. But they are often incorrect and thus rejected.
The police from Germany, France and Great Britain request by far the most data from Internet service providers. This is the result of a study by the SIRIUS project, which Europol has published on its website. 38% of all requests (67,991) come from German authorities. Although the so-called G6 countries (Germany, France, the UK, Poland, Spain and Italy) represent half of the EU population, their authorities are responsible for around 90% of crossborder internet surveillance activities.
The SIRIUS platform located at the police agency Europol in The Hague is intended to facilitate the exchange of knowledge on electronic evidence. Via a secure connection, authorities in all EU member states can obtain information on how to query Internet service providers. This applies to traffic, user and content data, which are released in different ways. SIRIUS also contains instructions for „Open Source Internet Searches“ (OSINT) and for conducting queries on user data from various service providers. This enables the persons behind IP addresses or mail accounts to be determined. „Europol Study: Disclosure of electronic evidence often fails due to incompetence of authorities“ weiterlesen
The FBI could soon demand sensitive communication data from European Internet service providers. It would also be possible to have the data retrieved in real time. With this, the European Union wants to make the Trump administration weigh the possibility of being able to query „electronic evidence“ on Facebook & Co.
The EU Commission wants to negotiate an agreement with the US government that forces Internet providers based in the European Union to cooperate more with US authorities. The companies would have to grant police forces and secret services from the USA access to the communication of their users. European prosecutors would then also be able to issue an identical order directly to Facebook, Apple and other Internet giants. The legal process via the judicial authorities that has been customary up to now is to be dropped. „US authorities want to legally intercept telecommunications in Europe“ weiterlesen
Police and judicial authorities are to have easier access to cloud data in the USA. To this end, a decree of the US government will also apply in the EU member states. As part of the „Budapest Convention“, US authorities could also knock directly on the door of European Internet companies.
The European Commission has today submitted two negotiating mandates for easier data retrieval from Internet companies. Their purpose is to facilitate access to „electronic evidence“ in the US. This is also possible via the EU-US Mutual Legal Assistance Agreement or bilateral mutual recognition procedures. However, this existing international legal process takes up to 10 months. But allegedly, the EU member states only make use of this laborious procedure in around 4,000 cases a year. „European Commission wants to facilitate access to servers in third states“ weiterlesen
Under the neighbourhood policy the southern Mediterranean countries are supported with a police programme. Since 2004 measures in „cyberspace“ are on the agenda. Once again, this is the surveillance of social networks, upload platforms and video telephony.
The European Union wants to train North African countries in Internet surveillance. This is what Johannes Hahn, Commissioner responsible for EU neighbourhood policy and enlargement negotiations, writes in his reply to a question by MEP Sabine Lösing. In an unnamed „partner country in the southern neighbourhood“, training courses on „social media investigations“ are to be held as part of the „Euromed Police IV“ police programme. Further measures are to be taken in the areas of „cyberspace and terrorism“. These include financial investigations and digital forensics. „European Union trains North African authorities to control the Internet“ weiterlesen
A planned EU regulation on police investigations into cloud data should now include direct access and real-time interception. This would include user, traffic and content data. All companies offering „interpersonal communication services“ in the European Union would be concerned. The Austrian Presidency wants an agreement by the end of the year.
The European Union is planning to extend a planned legislation to allow direct access to data held by Internet service providers. This is stated in a document distributed by the Bulgarian Presidency to the representations of the Member States. The regulation is aimed in particular at US companies. EU Justice Ministers should give the green light as soon as possible to start negotiations with the US administration. They will also discuss whether the act could also apply to intercepted calls. „US companies also affected: EU to discuss direct access to all telecommunications“ weiterlesen